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Teva spared payout to GSK over patent infringement dispute

Published on 29/03/18 at 10:09am

Teva has been spared a sizeable payout to GlaxoSmithKline after a federal judge overturned a US jury verdict demanding that the Israeli firm hand over $235 million in damages related to infringement of one of the latter’s patents.

The original ruling, made in June last year, judged that Teva had caused doctors to breach GSK’s patent on its blood pressure therapy Coreg through sales of the generic version carvedilol as a substitute in the treatment of chronic heart failure. This resulted in $234.1 million in lost profits, which Teva was required to pay, plus $1.4 million in royalties.

US District Judge Leonard Stark made the new ruling, asserting that evidence did not support the view that Teva was responsible for the infringement of the patent in question over other factors.

“Without proof of causation, which is an essential element of GSK’s action, a finding of inducement cannot stand,” he said.

Judge Stark did not however overturn the earlier decision to reject Teva’s view that the patent was invalid.

Unsurprisingly, GSK were not happy with the ruling: “We are disappointed with the judge’s decision and are reviewing our options,” the company said in a statement.

Matt Fellows

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